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(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
Revision of the author's Understanding the Americans with Disabilities Act.
The first major behind-the-scenes account of the history, passage, and impact of the Americans with Disabilities Act (ADA)—the landmark moment for disability rights The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet the surprising story behind how the bill came to be is little known. In this riveting account, acclaimed disability scholar Lennard J. Davis delivers the first on-the-ground narrative of how a band of leftist Berkeley hippies managed to make an alliance with upper-crust, conservative Republicans to bring about a truly bipartisan bill. Based on extensive interviews with all the major players involved including legislators and activists, Davis recreates the dramatic tension of a story that is anything but a dry account of bills and speeches. Rather, it’s filled with one indefatigable character after another, culminating in explosive moments when the hidden army of the disability community stages scenes like the iconic “Capitol Crawl” or an event when students stormed Gallaudet University demanding a “Deaf President Now!” From inside the offices of newly formed disability groups to secret breakfast meetings surreptitiously held outside the White House grounds, here we meet countless unsung characters, including political heavyweights and disability advocates on the front lines. “You want to fight?” an angered Ted Kennedy would shout in an upstairs room at the Capitol while negotiating the final details of the ADA. Congressman Tony Coelho, whose parents once thought him to be possessed by the devil because of his epilepsy, later became the bill’s primary sponsor. There’s Justin Dart, adorned in disability power buttons and his signature cowboy hat, who took to the road canvassing 50 states, and people like Patrisha Wright, also known as “The General,” Arlene Myerson or “the brains,” “architect” Bob Funk, and visionary Mary Lou Breslin, who left the hippie highlands of the West to pursue equal rights in the marble halls of DC.
Compelling first-person accounts of the struggle to secure equal rights for Americans with disabilities
This revised title II regulation integrates the Department of Justice's new regulatory provisions with the text of the existing title II regulation that was unchanged by the 2010 revisions. Includes a section for guidance and analysis.
In this paper the author offers a reprint of "Equality of Opportunity: The Making of the Americans with Disabilities Act" (July 26, 1997). This personal story is part and parcel of the ADA's (Americans with Disabilities Act) significance in the society. The ADA is a nondiscrimination law. It is a clarion call for transforming attitudes about disability. The ADA proclaims that all people, including people with disabilities, should participate fully in all aspects of communities and have opportunities to take risks, to succeed, and--yes--to fail. Equality of opportunity means having a chance to live independently and become financially secure, but it is not a guarantee. Understanding the history of the ADA is every bit as important as when "Equality of Opportunity" was first published in 1997. Arguably, the urgency is even greater now. Achieving equality of opportunity for people with disabilities depends in large measure on individual transformative experiences like the one the author had through writing the history of the ADA. Thus, the author hopes that this reprint of "Equality of Opportunity" enables more people to understand the ADA and the outmoded structural and attitudinal barriers it was meant to tear down. A glossary of included. List of Interviews is appended. (Contain 443 notes.).